Opinion
Case No. 19-cv-13031
11-07-2019
William Raymond Sweeney, Jr., Petitioner, v. John Christiansen, Respondent.
Mag. Judge R. Steven Whalen ORDER DENYING PETITIONER'S MOTION FOR APPOINTMENT OF COUNSEL [3]
Michigan state prisoner William Raymond Sweeney, Jr., has filed a pro se petition for a writ of habeas corpus under 28 U.S.C. § 2254, challenging his convictions for three counts of second-degree criminal sexual conduct. Now before the Court is Petitioner's motion for appointment of counsel. (ECF No. 3.)
Petitioner does not have an absolute right to be represented by counsel on federal habeas corpus review. See Abdur-Rahman v. Michigan Dept. of Corrections, 65 F.3d 489, 492 (6th Cir. 1995); see also Wright v. West, 505 U.S. 277, 293 (1992) (citing Pennsylvania v. Finley, 481 U.S. 551, 555 (1987)). "'[A]ppointment of counsel in a civil case is ... a matter within the discretion of the court. It is a privilege and not a right.'" Childs v. Pellegrin, 822 F.2d 1382, 1384 (6th Cir. 1987). A habeas petitioner may obtain representation at any stage of the case "[w]henever the United States magistrate or the court determines that the interests of justice so require." 18 U.S.C. § 3006A(a)(2)(B). The Court determines that the interests of justice do not require appointment of counsel.
Accordingly, the Court DENIES Petitioner's motion for appointment of counsel. (ECF No. 3.)
IT IS SO ORDERED. Dated: November 7, 2019
Ann Arbor, Michigan
s/Judith E. Levy
JUDITH E. LEVY
United States District Judge
CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was served upon counsel of record and any unrepresented parties via the Court's ECF System to their respective email or First Class U.S. mail addresses disclosed on the Notice of Electronic Filing on November 7, 2019.
s/William Barkholz
Case Manager